A Workweek is a fixed, recurring period of 168 consecutive hours (7 days) used by employers to determine overtime, payroll processing, and work scheduling. In the U.S., the Fair Labor Standards Act (FLSA) defines the workweek as any 7 consecutive 24-hour periods, and it does not have to align with the calendar week. Once established, it should remain consistent unless the change is intended to be permanent and not to evade overtime obligations.
Employers may designate different workweeks for different employee groups based on operational needs, such as Sunday through Saturday or Wednesday through Tuesday. The workweek serves as the foundation for calculating overtime for non-exempt employees, who must be paid time-and-a-half for hours worked beyond 40 in a single workweek.
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Key Facts
- Defined Period: Typically starts and ends on the same day and time each week (e.g., Sunday 12:00 AM to Saturday 11:59 PM).
- Overtime Rules: Used to calculate overtime for non-exempt employees who work over 40 hours in a workweek.
- Employer-Determined: Employers can set the workweek to best fit their operations, but it must remain fixed.
- Impact on Payroll: Directly affects how hours are tracked, reported, and compensated.
- Consistency Required: Changing a workweek arbitrarily or frequently to avoid paying overtime is prohibited.
1. Can a workweek start on any day?
Yes, as long as it consists of 7 consecutive 24-hour periods and remains consistent.
2. Is a workweek the same as a calendar week?
Not necessarily. A workweek can begin on any day and time chosen by the employer.
3. How is overtime calculated using the workweek?
Overtime is owed when a non-exempt employee works more than 40 hours during a single workweek, regardless of total hours worked in other weeks.
4. Can employers change the workweek?
Yes, but only for legitimate, permanent business reasons - not to avoid overtime payments.
5. Why is it important to define a workweek clearly?
To ensure compliance with labor laws, accurately track hours, and avoid legal or payroll errors.
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